JONATHAN NEIL & ASSOCIATES, INC. v. JONES

No. S107855.

16 Cal.Rptr.3d 849 (2004)

94 P.3d 1055

33 Cal.4th 917

JONATHAN NEIL & ASSOCIATES, INC., Plaintiff and Appellant, v. Freddie JONES, Defendant, Cross-complainant and Appellant; Mildred Jones et al., Cross-complainants and Appellants. Cal-Eagle Insurance Company, Cross-defendant and Appellant; Johnsey Insurance Company, Cross-defendant and Respondent.

Supreme Court of California.

As Modified on Denial of Rehearing October 20, 2004.


Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, Richard A. Brown, E. Randol Schoenberg, Los Angeles; Greines, Martin, Stein & Richland, Irving H. Greines, Robin Meadow, Tyna Thall Orren, Pasadena, and Peter O. Israel, Los for Plaintiff and Appellant and for Cross-defendant and Appellant.

Sedgwick, Detert, Moran & Arnold, Christina J. Imre and Stephanie Rae Williams, Los Angeles, for Aetna Healthcare of California and Aetna Life Insurance Company as Amici Curiae on behalf of Plaintiff and Appellant and Cross-defendant and Appellant.

Sonnenschein Nath & Rosenthal, Thomas E. McDonald and Sanford Kingsley San Francisco, for California Automobile Assigned Risk Plan as Amicus Curiae on behalf of Plaintiff and Appellant and Cross-defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, David S. Chaney, Assistant Attorney General, and Elisa B. Wolfe-Donato, Deputy Attorney General as Amici Curiae on behalf of Plaintiff and Appellant and Cross-defendant and Appellant.

Deborah J. La Fetra, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiff and Appellant.

Sonnenschein Nath & Rosenthal, Paul E.B. Glad, Cheryl Dyer Berg and Sean McEneaney, San Francisco, for California Workers' Compensation Institute, Association of California Insurance Companies and Fireman's Fund Insurance Company as Amici Curiae on behalf of Plaintiff and Appellant.

Horvitz & Levy, Mitchell C. Tilner and S. Thomas Todd, Encino, for State Compensation Insurance Fund as Amicus Curiae on behalf of Cross-defendant and Appellant.

Heller Ehrman White & McAulife, Vanessa Wells, Victoria Collman Brown and Jessica Rossman, Menlo Park, for State Farm Mutual Automobile Insurance Company as Amicus Curiae on behalf of Cross-defendant and Appellant.

McCormick, Barstow, Sheppard, Wayte & Carruth, James P. Wagoner, Wendy S. Lloyd and David W. Burnett, Fresno, for Defendant, Cross-complainant and Appellant and for Cross-complainants and Appellants.

Robert S. Gerstein, Santa Monica; Gianelli & Morris, Robert S. Gianelli and Sherril Nell Babcock, Los Angeles, for Consumer Attorneys of California as Amicus Curiae on behalf of Defendant, Cross-complainant and Appellant and Cross-complainants and Appellants.

Emerson Corey & Barsotti and Todd B. Barsotti, Fresno, for Cross-defendant and Respondent.


MORENO, J.

In this case, a trucking company participated in the California Automobile Assigned Risk Plan (the CAARP), a statutorily created program governed by the Insurance Commissioner designed to make automobile liability insurance available to those unable to obtain insurance through ordinary methods. After a premium billing dispute with its insurance company, which was hired by the CAARP, the trucking company defended a collection action and filed a cross-complaint...

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